ELC 14.1
NOTICE TO CLIENTS AND OTHERS; PROVIDING CLIENT PROPERTY
(a) Providing Client Property. A lawyer who has been
suspended from the practice of law, disbarred, or
transferred to disability inactive status must provide each
client or the client’s substituted counsel upon request with
the client’s assets, files, and other documents in the
lawyer’s possession, regardless of any possible claim of
lien under RCW 60.40.
(b) Notice if Suspended for 60 Days or Less. A lawyer who
has been suspended for 60 days or less under rule 13.3 must
within ten days of the effective date of the suspension:
(1) notify every client involved in litigation or
administrative proceedings, and counsel for each
adverse party (or the adverse party directly if not
represented by counsel), of the suspension, the reason
therefor, and of the lawyer’s consequent inability to
act as a lawyer after the effective date of the
suspension, and advise each of these clients to seek
prompt substitution of another lawyer. If the client
does not substitute counsel within ten days of this
notice, the lawyer must advise the court or agency of
the lawyer's inability to act; and
(2) notify all other clients of the suspension, the
reason therefor, and consequent inability to act during
the suspension. The notice must advise the client to
seek legal advice elsewhere if needed during the
suspension.
(c) Notice if Otherwise Suspended or Disbarred. A lawyer
who has been disbarred or suspended for more than 60 days,
for nonpayment of dues, or under title 7 or APR 11 must
within ten days of the effective date of the disbarment or
suspension:
(1) notify every client of the lawyer’s inability to
act as the client’s lawyer and the reason therefor, and
advise the client to seek legal advice elsewhere;
(2) advise every client involved in litigation or
administrative proceedings to seek the prompt
substitution of another lawyer. If the client does not
substitute counsel within ten days of being notified of
the lawyer's inability to act, the lawyer must advise
the court or agency of the lawyer's inability to act;
and
(3) notify counsel for each adverse party in pending
litigation or administrative proceedings, or the
adverse party directly if not represented by counsel,
of the lawyer's inability to act further on the
client's behalf.
(d) Notice if Transferred to Disability Inactive Status. A
lawyer transferred to disability inactive status, or his or
her guardian if one has been appointed, must give all
notices required by section (c), except that the notices
need not refer to disability.
(e) Address of Client. All notices to lawyers, adverse
parties, courts, or agencies as required by sections (b),
(c), or (d) must contain the client’s name and last known
address, unless doing so would disclose a confidence or
secret of the client. If the name and address are omitted,
the client must be advised that so long as his or her
address remains undisclosed and no new lawyer is
substituted, the client may be served by leaving papers with
the clerk of the court under CR 5(b)(1) in pending superior
court actions, and that comparable provisions may allow
similar service in other court proceedings or administrative
actions.
[Adopted effective October 1, 2002.]
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